2014 Sustainable Groundwater Management Act

Report
2014 Sustainable Groundwater Management Act
Environmental Management Agency
Environmental Health Department
Report to LAFCo - October 20, 2014
2014 Sustainable Groundwater Management Act
On September 16, 2014, Governor Brown signed a
package of three bills, known as the Sustainable
Groundwater Management Act.
The three bills are SB 1168 (Pavley), SB 1319
(Pavley) and AB 1739 (Dickinson).
These bills are designed to provide a framework for
improved groundwater management by local
agencies.
2014 Sustainable Groundwater Management Act
The Act provides local agencies with the tools to manage
groundwater basins in a sustainable manner over the
long‐term and allows for limited state intervention when
necessary to protect groundwater resources. More
specifically, it establishes:
1. a definition of sustainable groundwater management;
2. establishes local agencies to develop plans and
implement strategies to sustainably manage
groundwater resources;
3. prioritizes basins with the greatest problems (ranked as
high and medium priority) and
4. sets a timeline for implementation.
2014 Sustainable Groundwater Management Act
• January 1, 2015 – Legislation goes into effect.
• June 30, 2017 – Local groundwater sustainability agencies
(GSAs) must be formed.
• January 31, 2020 – Groundwater sustainability plans (GSPs)
must be completed for basins in a critical condition of overdraft.
• January 31, 2022 – GSPs must be completed in all other high‐
and medium‐priority basins not currently in overdraft.
• Twenty years after adoption of the GSP (2040 and 2042) – all
high‐and medium‐priority groundwater basins must achieve
sustainability.
2014 Sustainable Groundwater Management Act
“Sustainable groundwater management”
means management and use of groundwater in a
manner that can be maintained during the planning
and implementation horizon without causing
undesirable results.
“Undesirable results” means any of the
following effects caused by groundwater conditions
occurring throughout the basin:
2014 Sustainable Groundwater Management Act
• Chronic lowering of groundwater levels, but excluding lowering
of groundwater levels during a drought if it is otherwise
managed;
• Significant and unreasonable reductions in groundwater
storage;
• Significant and unreasonable seawater intrusion;
• Significant and unreasonable degradation of water quality;
• Significant and unreasonable land subsidence; and
• Surface water depletions that have significant and unreasonable
adverse impacts on beneficial uses.
2014 Sustainable Groundwater Management Act
Key Provisions:
Protects water rights
• The legislation includes numerous provisions to protect
water rights. Water Code section 10720.5(b) says that
nothing in the legislation “determines or alters surface
water rights or groundwater rights under common law
or any provisions of law that determines or grants
surface water rights.”
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Promotes coordinated management of an entire
groundwater basin
• Any local agency or combination of local agencies
overlying a groundwater basin may form a Groundwater
Sustainability Agency (GSA) for the basin.
• In high‐and medium‐priority basins, GSAs will need to
prepare Groundwater Sustainability Plans (GSPs) which
can build on the regions existing groundwater plans.
(http://www.water.ca.gov/groundwater/casgem/).
2014 Sustainable Groundwater Management Act
San Joaquin Groundwater Basin
This basin is currently in a state
of overdraft pursuant to DWR
Bulletin 118.
2014 Sustainable Groundwater Management Act
Camanche Reservoir
The East San Joaquin
Groundwater Sub-basin
incorporates approximately
seventy square miles of
Calaveras County.
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2014 Sustainable Groundwater Management Act
East San Joaquin Ground Water Sub-basin
A 3-dimensional view of
the wells in Calaveras
County
reveals
the
differences
regarding
well depth and yield
between the hard rock
area (off-basin), where
yields and depth may
change
drastically
within few feet, and the
more homogenous area
where the East San
Joaquin
Groundwater
Sub-basin reaches into
the county.
Run 3D Animation
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Considers multiple stakeholder interests
• A GSA must consider the interests of a variety of
different stakeholders, including beneficial users
of water, environmental interests, disadvantaged
communities, tribes and others, and conduct
outreach to them.
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Provides GSAs with new authority to responsibly
manage groundwater
• GSAs can choose among numerous new tools and
authorities, including the authority to conduct
investigations, determine the sustainable yield of a
groundwater basin, measure and limit extraction, impose
fees for groundwater management and enforce the terms
of a groundwater sustainability plan.
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Respects regional differences and provides flexibility
• There is a wide diversity of conditions in groundwater basins throughout the
state, so the legislation provides options for development of plans and avoids
a “one size fits all” approach.
• Each basin can be covered by a single plan or by multiple plans and
coordinated by a single coordination agreement that covers the entire basin. A
region can modify the basin boundaries to suit the regional management
needs.
• The development and adoption of GSPs is exempt from CEQA requirements.
• The California Department of Water Resources (DWR) may grant up to two
5‐year extensions if the agency demonstrates a need for the extension and has
demonstrated progress toward its sustainability goal.
• DWR will need to adopt regulations by June 1, 2016, regarding GSPs,
coordination agreements and alternative plans and documentation.
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Increases availability of information but
ensures privacy protection
• The legislation limits the public release of all
information related to individual groundwater
pumpers, but provides aggregated groundwater
information for a groundwater basin thus remaining
consistent with existing water law.
• After a GSP is adopted, a GSA will need to submit
annual reports to DWR on the condition of the basin.
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Provides state technical and financial assistance
• DWR will provide technical assistance to local agencies
in the implementation of this legislation and to develop
best management practices.
• $100 million in grant funding is included in the
pending Water Bond (Proposition 1-A) to be used for
the development and implementation of groundwater
management plans and projects that may include our
proposal to develop a local agency groundwater
management grant program! ??
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Offers a reasonable level of state oversight and involvement
• DWR will review GSPs and their implementation.
a)
Within two years of submission, DWR will evaluate and assess a
GSP. DWR will evaluate each GSP or alternative at least every five
years.
• The State Water Resources Control Board (SWRCB) can only intervene in a local
area and develop an interim plan in limited circumstances:
a)
b)
c)
When no local agency is willing to serve as a GSA (2017);
When a GSA does not complete a GSP (2020); or
When both the GSP is inadequate or not implemented to achieve
sustainability and there is a condition of long term overdraft or significant
depletion of interconnected surface waters (varies 2020, 2022, or 2025).
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Offers a reasonable level of state oversight and
involvement
• SWRCB can assess fees to recover costs incurred in
administering an unmanaged area or a probationary basin,
which may include reporting requirements, investigations,
facilitation, monitoring, hearings, enforcement and
administrative costs.
2014 Sustainable Groundwater Management Act
Key Provisions Continued:
Increases coordination between land use planning
agencies and groundwater sustainability agencies
• Amends planning and zoning law to require increased
coordination between land use planning agencies and
groundwater sustainability agencies regarding groundwater
plans and updates and modifications of General Plans.
2014 Sustainable Groundwater Management Act
A brief history of Calaveras County actions associated
with groundwater:
• June 1998 – The Board adopts Ordinance #2547 establishing
Well Construction and Destruction standards.
• August 16, 1999 – The Board adopts Ordinance #2589 and
Ordinance #2590 adopting Proof of Groundwater pertaining
to Land Development.
• October 10, 2000 – The Board adopts Resolution #00-281
establishing the Local Agency Groundwater Protection
Program.
2014 Sustainable Groundwater Management Act
• January 22, 2002 – The Board adopts #2681 adopting standards
regulating the extraction and transfer of groundwater –
Groundwater Management Ordinance.
• March 2005 – The Board adopts Ordinance #2833, Ordinance
#2834 and Ordinance #2835 further defining Proof of
Groundwater requirements pertaining to Land Development.
• May 6, 2008 – The Board adopts Ordinance #2946 which is an
updated version of the Well Construction and Destruction
standards.
• March 12, 2013- The Board adopts amendments to the
requirements for Accessory Dwellings including Proof of
Groundwater Standards.
Calaveras County Groundwater Management Program
Questions

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